A.
An animal
control or a law enforcement officer may enter private property to
inspect the premises only if:
1.
The
owner or occupant of the building or property consents to the entry
and inspection after the authorized animal control or law enforcement
officer presents their credentials and explains the reasons for the
entry and inspection; or
2.
The
authorized animal control or law enforcement officer obtains a warrant
for the entry and inspection of the building or property under Sections
1822.50 to 1822.57 of the Code of Civil Procedure; or
3.
The
authorized animal control or law enforcement officer has reasonable
cause to believe that the keeping of an animal on the property is
so hazardous, unsafe, or dangerous that an immediate inspection is
necessary to safeguard an animal or public health and safety. Under
these circumstances, the employee or officer may use reasonable means
to immediately enter and inspect the building or property after presenting
their credentials to the owner or occupant and requesting entry, if
possible under the circumstances.
B.
This
section does not prohibit an authorized animal control or law enforcement
officer from entering property for the purpose of capturing an animal
running at large.
(Ord. 6075, 2022)
An animal control or law enforcement officer may seize and impound
a dog at large when probable cause exists that the dog poses an immediate
threat to public safety. The guardian of the dog is liable for the
impound fee and costs if the dog is determined to be potentially dangerous
or vicious. The fees and costs must be paid before the release of
the dog, but no later than 14 days after the dog is available to be
released.
(Ord. 6075, 2022)
If grounds exist, the Animal Control Supervisor may impose conditions on the keeping of a potentially dangerous dog in lieu of serving a petition to determine if the dog is potentially dangerous. The Animal Control Supervisor will give written notice to the dog guardian of their intention to impose conditions on the keeping of the dog. Within no more than 14 calendar days after the written notice, the guardian may agree to the designation of potentially dangerous dog and to the conditions or may submit a written request for a hearing as provided in Section 6.22.040. Upon agreement, the guardian must comply with the imposed conditions. Failure to do so is enforceable as provided in Santa Barbara Municipal Code Chapters 1.25 and 1.28 as well as any other applicable provision of the Code.
(Ord. 6075, 2022)
A.
Hearing.
The administrative hearing procedure described in this section is
established pursuant to Food and Agricultural Code Section 31621.
If an animal control officer or a law enforcement officer has investigated
and determined that there is probable cause to believe that a dog
is potentially dangerous or vicious, the Animal Control Supervisor
shall set an administrative hearing, to determine whether or not the
dog in question should be declared restricted or vicious.
B.
Notice
of hearing and petition.
1.
Subsequent
to the investigation showing probable cause that a dog is potentially
dangerous or vicious, the Animal Control Supervisor shall prepare
a document that lays out the allegation that the dog is potentially
dangerous or vicious and the supporting evidence.
2.
Whenever
possible, a complaint received from a member of the public which serves
as the evidentiary basis for the animal control officer or law enforcement
officer to find probable cause shall be sworn to and verified by the
complainant and shall be attached to the notice.
3.
A
notice of the hearing shall be personally served on the guardian or
deposited in the mail to the guardian within three calendar days of
the seizure of the dog. The Animal Control Supervisor shall notify
the guardian of the dog that an administrative hearing will be held,
at which time they may present evidence as to why the dog should not
be declared dangerous or vicious.
4.
The
hearing shall be held promptly within no less than five working days
nor more than 10 working days after the service upon the guardian
of the dog. For the purposes of this chapter, service is complete
either: (a) when the documents are personally served; or (b) five
business days after the documents are deposited in the mail, whichever
is earlier.
C.
Conduct
of hearing. The hearing shall be conducted as an administrative hearing.
The administrative hearing officer may admit into evidence all relevant
evidence, including incident reports and the affidavits of witnesses,
limit the scope of discovery, and may shorten the time to produce
records or witnesses. The administrative hearing officer may find,
upon a preponderance of the evidence, that the dog is dangerous or
vicious and shall make other orders or findings required or authorized
by this chapter. The administrative hearing officer may decide all
issues for or against the guardian of the dog, even if the guardian
fails to appear at the hearing. The hearing need not be conducted
according to technical rules relating to evidence and witnesses. Any
relevant evidence shall be admitted if it is the sort of evidence
on which responsible persons are accustomed to rely in the conduct
of serious affairs, regardless of the existence of any common law
or statutory rule which might make improper the admissions of such
evidence over objection in civil actions. The hearing shall be open
to the public.
D.
Administrative
hearing officer. The hearing shall be conducted by a neutral hearing
officer. The Department may authorize its own officer or employee
to conduct the hearing if the hearing officer is not the same person
who seized or directed the seizure of the dog.
E.
Record.
The administrative hearing officer shall record the hearing on a recording
device.
F.
Following
an administrative hearing, a written notice of the decision shall
be served on the guardian of the dog either personally and/or by first
class mail and certified mail return receipt requested within five
calendar days after the date of the hearing.
(Ord. 6075, 2022)
A.
If the
dog guardian contests the administrative hearing determination, they
may, within 14 calendar days after the mailing of the notice of the
administrative hearing determination, appeal the decision to the Santa
Barbara Superior Court. The party appealing must serve notice of the
appeal upon the other party personally or by first class mail, postage
prepaid. The party seeking judicial review by the Superior Court must
comply with all requirements of Code of Civil Procedure Section 1094.5,
et seq.
B.
The
court hearing the appeal must conduct a hearing de novo, without a
jury, and make its own determination as to the potential danger or
viciousness of the dog, and make any orders authorized by this chapter,
based upon the evidence presented. The court may admit all relevant
evidence, including incident reports. The issue will be decided upon
the preponderance of the evidence.
C.
The
court hearing the appeal may decide all issues for or against the
dog guardian even if the guardian fails to appear at the hearing.
D.
The
determination of the court hearing the appeal is final and conclusive
upon all parties.
(Ord. 6075, 2022)
A.
The
following conditions must be applied to a dog that has been determined
to be potentially dangerous:
1.
The
dog, while on the guardian's property, shall, at all times, be kept
indoors, or in a securely fenced yard from which the dog cannot escape,
and into which children cannot trespass. The Department must inspect
and give written approval of the yard or enclosure before the dog
is released to its guardian. If the dog was not impounded, the Department
must inspect and give written approval of the yard or enclosure within
14 calendar days after the decision or court order declaring the dog
to be potentially dangerous is served on the dog guardian.
2.
The
dog may be off the guardian's premises only if it is restrained by
a substantial leash, or appropriate length, and if it is under the
control of a responsible adult.
3.
Signs
shall be placed at all gated entrances to the guardian's property
indicating that a dangerous dog is present.
B.
If the
dog in question dies, or is sold, transferred, or permanently removed
from the city or county where the guardian resides, the guardian shall
notify the Department of the changed conditions and new location of
the dog in writing within two working days.
C.
The
following conditions may be applied to a dog that has been determined
to be potentially dangerous:
1.
The
dog may be off the guardian's premises only if it is muzzled and restrained
by a substantial leash, not exceeding six feet in length and if it
is under the control of an adult capable of restraining and controlling
the dog. At no time may the dog be left unattended while it is not
on guardian's property.
2.
The
dog's guardian must notify the Department immediately if the dog is
at large or has committed an attack on any person, domestic animal,
or livestock. If the dog no longer resides with the guardian, or the
dog is transferred to another person(s), the guardian must advise
the Department of the dog's new location in writing under penalty
of perjury, and provide a copy of the administrative decision or court
order declaring the dog to be potentially dangerous to the new guardian.
Each subsequent guardian must provide each new guardian with a copy
of the administrative decision or court order. Likewise, if the dog
is moved to another jurisdiction, the guardian must provide the animal
control authorities in the new jurisdiction with a copy of the administrative
decision or court order within 14 days of the move.
D.
The
dog guardian must complete an obedience course for a minimum of 10
hours of training with the dog, at the guardian's expense within 60
calendar days after release of the dog to the guardian. The course
must be approved by the Department before the release of the dog to
the guardian. If the dog was not impounded, the dog guardian must
obtain approval of the course by the Department within 14 calendar
days after the decision or court order declaring the dog to be potentially
dangerous is served on the dog guardian.
E.
The
dog guardian may be required to maintain general liability insurance
covering property damage and bodily injury caused by a potentially
dangerous or vicious dog, with a combined single limit of $300,000.00
per occurrence. If required to maintain insurance, the guardian must
show proof of insurance within 14 calendar days after the decision
or court order declaring the dog to be potentially dangerous is served
on the dog guardian.
F.
All
charges for services performed by the Department and all fines must
be paid before the release of the dog to its guardian or within 14
calendar days after the services are performed or the charges and
fines are ordered to be paid. If the guardian does not take possession
of the dog and pay the charges and fines within 14 calendar days after
the services are performed or the fines are ordered to be paid, the
dog will be deemed abandoned and may be treated as such by the Department.
(Ord. 6075, 2022)
B.
If it
is determined that a dog found to be vicious will not be destroyed,
the judicial officer or administrative hearing officer must impose
the conditions on a guardian of potentially dangerous dogs, the conditions
required by this Section, and any other conditions necessary to protect
the public health, safety, or welfare.
C.
The enclosure that is required by subsection A of Section 6.22.060 must be an enclosure that is enclosed on all sides and is locked by a padlock. It may be required to have a top and a cement floor. The enclosure must be approved by the Department in writing before the release of the dog to the guardian. If the dog was not impounded, the dog guardian must obtain the written approval of the Department within 14 calendar days after the decision or court order declaring the dog to be vicious is served on the dog guardian.
D.
The
guardian of a vicious dog must give written notice of the vicious
dog determination to the United States Post Office (local branch)
and to all utility companies providing services to the premises where
the dog is kept. The guardian must provide a copy of the notices to
the Department before the release of the dog from impound. If the
dog was not impounded, the dog guardian or custodian must provide
a copy of the required notices to the Department within 14 calendar
days after the administrative hearing or court determination declaring
the dog is vicious.
E.
The
dog guardian must post one or more signs on the premises, at a location(s)
approved by the Department, stating that a vicious dog resides on
the premises. The sign(s) must be posted within 14 calendar days after
the decision or court order declaring the dog to be vicious is served
on the guardian.
F.
The
guardian of a dog determined to be a vicious dog may be prohibited
from owning, keeping, possessing, controlling, or having custody of
any dog for a period of up to three years, if it is found at the hearing
that ownership or possession of a dog by that person would create
a significant threat to the public health, safety, or welfare.
G.
A dog
determined vicious may be prohibited from being off leash in public
places in the City including any off leash parks.
(Ord. 6075, 2022)
A.
The
hearing officer or judicial officer who heard the petition to determine
if a dog is potentially dangerous or vicious may schedule follow-up
hearing dates to ensure compliance with all conditions imposed.
B.
Consequences that may result from the failure of a guardian of a dog released after a hearing pursuant to Section 6.22.040 or 6.22.050 to comply with any of the conditions imposed under Section 6.22.060 or 6.22.070 include, but are not limited to, the following:
1.
The
failure to comply with any condition is a misdemeanor punishable by
a fine not exceeding $1,000.00 or by imprisonment in the County Jail
for a period not to exceed six months, or by both the fine and imprisonment;
2.
A
violation of any part of an administrative decision or court order
may be the subject of a civil action for injunctive relief to enjoin
the person who violated the decision or order.
(Ord. 6075, 2022)
A dangerous or vicious dog determination and designation may
be removed after two years if the dog is three years of age or older
and the guardian demonstrates to the Animal Control Supervisor that
the dog poses no threat to people or animals.
(Ord. 6075, 2022)
